Can a i751 application be pending for over 2 years?

Asked almost 2 years ago - Fort Myers, FL

Can a i751 (waiver) application be pending for over 2 years. Vermont said they started processing my CRI89 PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED on November 1, 2010. They asked for additional evidence which i sent to them. They informed me through email they sent my application to the Miami field Office since Dec 2011. Can the Field office adjudicate the application (Approve? or Deny? or Schedule an interview?)? On November 1st 2012, the application will be pending for 2 years if they don't adjudicate it. What can an attorney do for me while the case is still pending for this long time?

Attorney answers (5)

  1. Jeffrey Adam Devore

    Contributor Level 20

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    Lawyer agrees

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    Answered . When an interview is required on an I-751 it is transferred to a local Field Office. The scheduling of interviews at those offices can vary wildly depending on a number of factors. A year after a file transfer is not that uncommon. Often a delay is a result of a file being transferred to an incorrect office which may be the case in your situation since you appear to live in Ft. Myers and your file case transferred to Miami (it should have gone to Tampa). I suggest you consult with an experienced immigration attorney who can review your case and advise you how best to proceed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  2. Bennett Lloyd Grossman

    Contributor Level 8

    Answered . An attorney can accompany you to a scheduled infopass appointment at the designated local USCIS office in order to inquire about the lengthy processing of your application. If USCIS fails to adjudicate your application after all of the required documents have been submitted, an attorney can file a writ of mandamus in order to force USCIS to make a decision. Your best course of action is to schedule an infopass with the designated local USCIS office online at www.uscis.gov and then speak with someone about the reason for the delay. If they cannot explain to you why the application has been pending for so long, then I would recommend that you hire an attorney to speak with them or to file a writ. As mentioned in a previous post, sometimes the applications/petitions are transferred to the wrong office.

  3. David N Shomloo

    Contributor Level 12

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    Lawyer agrees

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    Answered . You should make an infopass appointment with the field office and inquire about the status of your application. There are many factors that could cause such delay. I suggest you hire and attorney to go in with you on the infopass appointment. If this is helpful mark it so! Good luck!

    The Law Office of David N. Shomloo, LLC. David N. Shomloo, Esq. Immigration/Criminal practice 222 N W Davis st.... more
  4. Raphael Samuel Moore

    Contributor Level 16

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    Lawyer agrees

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    Answered . Sorry to thear. You should quickly go in to the local office, to see what is going on. Alternatively, have a local attorney put in an inquiry (although it can take 30-60 days to get a reply that way). Good luck.

    Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-... more
  5. Robert Henry Beer

    Contributor Level 14

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    Lawyer agrees

    Answered . Without knowing me, there would seem to be a problem with your case. These days, it is the exception rather than the rule to have an I-751 interview. That, in and of itself, should be a red flag. They informed you through e-mail? That appears odd too. . You would be wise, a minumum, to seek my legal advice of that of one of my esteemed colleagues. I can be reached at either (770)955-785 or via e-mail at bob@bobeer.com. Hope this helps. Wishing you well. THINK IMMIGRATION - TIME BOB BEER

    This communication does not create an attorney client relationship. If I can be of further assistance, please feel... more

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